Rules: Domestic Relations

7.1 Special Rules Pertaining To Matrimonial Cases

(a) Matrimonial cases defined. For purposes of this rule, matrimonial cases are defined as any proceeding for an order or judgment relating to dissolution, legal separation or invalidation of marriage including all ancillary proceedings.

(b) Notice of dispute as to child custody. If the custody of the children of the parties is in dispute, the plaintiff will so inform the court upon filing of the petition for dissolution, or as soon thereafter that a dispute is known to exist. In such a case, the court may order mediation, a background investigation, appoint a court consultant and/or Guardian ad Litem, or a combination thereof, and may order that one or both parties deposit with the Clerk of the Court all or a reasonable portion of the costs thereof.

(c) Financial Affidavit. In all proceedings in which there is a dispute involving property, temporary or permanent maintenance, or temporary or permanent child support, the moving party shall file a financial affidavit, similar to that found in Appendix A of these rules, contemporaneously with the request for setting for hearing, or when otherwise ordered by the court. Proof of service pursuant to Supreme Court Rule 11 shall be filed not less than seven (7) days prior to the hearing. The party responding to the petition shall file a financial affidavit with the court not less than seven (7) days prior to the hearing date and a copy shall be provided to opposing counsel. Submission of a pre-judgment pre-trial memorandum shall be in lieu of the financial affidavit and shall be in a form as prescribed by the court. If such affidavit or pre-judgment pre-trial memorandum has been filed for purposes of a hearing on temporary relief, an additional affidavit or pre-judgment pre-trial memorandum need not be filed prior to hearing for permanent relief unless there has been a substantial change.

(d) Statement of Proposed Property Apportionment. If the issue of property apportionment is in dispute, in addition to the financial affidavit or pre-judgment pre-trial memorandum, as the case may be, the court may require the parties to submit a statement of proposed property apportionment which shall include an itemization of all property which is claimed as marital and non-marital, together with a proposed fair cash market value of each item, at least seven (7) days prior to the hearing. If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable. Submission of a pre-judgment pre-trial memorandum shall be deemed to be in compliance with local court rules.

(e) Waiver of child support prohibited. The court shall not waive child support. The court shall enter a finding on the record in each case involving minor children that the children are, or are not, receiving public assistance.

(f) Written judgment order. If the court requires a written judgment order, the prevailing party shall prepare and submit a written judgment order to the court pursuant to Rule 5.1 of these rules within thirty (30) days of the final hearing.

(g) Post-trial affidavit. In all post-judgment petitions involving financial matters, other than petitions for enforcement of a judgment order, the moving party shall prepare a financial affidavit similar to that found in Appendix A of these rules which shall include facts about the party's present financial circumstances. The affidavit shall be filed prior to, or contemporaneously with, the request for setting. Notice shall be served pursuant to Supreme Court Rule 11 not less than seven (7) days prior to the hearing. In the event the moving party does not have an affidavit on file which represents his or her financial condition at the time of the dissolution, such party shall file such an affidavit at the time of filing their post-trial affidavit. The responding party shall file a post-trial affidavit setting forth their present financial circumstances at least seven (7) days prior to the scheduled hearing and at the same time shall file an additional affidavit setting forth his or her financial circumstances at the time of the dissolution, unless such an affidavit has been previously filed.